Act No. 417 / 2021 Coll.
Act amending Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, as amended, and certain other laws
Valid
Law
Effective from 01.02.2022
Text versions:
01.02.2022
23.11.2021
417
THE LAW
of 26 October 2021
amending Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Liability and Procedure Act
The Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings of Infringements, as amended by Act No. 173 / 2018 Coll., Act No. 285 / 2018 Coll., Act No. 277 / 2019 Coll., the Constitutional Court found under No. 54 / 2020 Coll., the Constitutional Court found under No. 325 / 2020 Coll. and Act No. 261 / 2021 Coll., are amended as follows:
1. In Paragraph 32 (2), the words "if the first act in the procedure for issuing an order is to be added at the end of the text of point (b), the limitation period shall be interrupted by its service '.
2. Paragraph 32 (3) reads as follows:
"(3) Liability for the offence shall cease no later than 3 years after its commission; If there is an offence for which the law lays down a fine rate of at least CZK 100,000, liability for the offence shall cease no later than 5 years after its commission. Until that time, any of the factors referred to in paragraph 1 shall not be counted. ';
3. In Paragraph 38 (e), the words "if this is the nature of the offence," shall be deleted.
4. In Paragraph 52, the following paragraph 6 is inserted after paragraph 5:
"(6) Where this is possible in view of the nature of the restrictive measure imposed, compliance shall also be checked by the authority of the Police of the Czech Republic, in whose territorial district the restrictive measures have effects, and by the municipal police, which exercises jurisdiction in the administrative district of the municipality in which the restrictive measures have effects. The administrative authority which imposed the restrictive measures and the administrative authority of the same type in whose administrative district the restrictive measures have effect shall inform the police of the Czech Republic and the municipal police of the restrictive measure imposed. ';
Paragraph 6 shall become paragraph 7.
5. In Paragraph 52, the sentence "The costs associated with the involvement of the offender in the programme for the management of aggression or violent behaviour shall be added at the end of paragraph 7, unless the programme is provided free of charge. '
6. in Article 60 (2), the following point (a) is inserted:
"(a) against the order of the administration committed by infringement of the obligation laid down in the order of the municipality or county,"
Points (a) to (d) shall be renumbered (b) to (e).
7. In the second sentence of Paragraph 61 (1), the words "committed by infringement of the obligation laid down in the order of the municipality or county 'shall be inserted after the word" administration'.
8. In Article 64 (1) (b), "§ 4 (4) or (5) 'is replaced by" § 4 (4) or § 4 (5) (c) or persons referred to in § 4 (5) (a) and (b)'.
9. In Article 71, the words' and the proceedings which may be initiated or already initiated without such consent 'shall be inserted after the words' consent 'and the words' necessary to withdraw consent 'shall be deleted.
10. the following Sections 72a and 72b are inserted after Section 72, including the headings:
Protection of persons acting in infringement proceedings
(1) The administrative authority shall exclude data on the place of permanent residence or, where appropriate, residence, address of service, place of employment, profession or business of persons acting in infringement proceedings at their request, where this is required to protect their privacy or security. The application referred to in the first sentence shall be decided by the administrative authority by a resolution.
(2) The data referred to in paragraph 1 are excluded from access to the file where access to such data has been restricted in previous criminal proceedings for the same offence, if this is known to the administrative authority. An alert shall be made on the exclusion from access to the file.
Unpermissible representation
The administrative authority shall decide by order not to allow representation on the basis of force majeure if the agent reacts in infringement proceedings in different cases, unless he is a lawyer or other person providing legal services on a continuous basis and in return for payment under another law. ';
11. in Paragraph 74 (1) (b), the words "negligent" shall be deleted;
12. In Paragraph 74 (1), at the end of the text in point (d), the words "committed by infringement of the obligation laid down in the order of the municipality or county 'shall be added.
13. In Article 74 (1), the words "if not for a vehicle operator infringement pursuant to Article 125f 'shall be added at the end of the text of point (f).
14. in Paragraph 74 (1), point (g) shall be deleted;
Points (h) and (i) shall be renumbered as points (g) and (h).
15. In the first sentence of Paragraph 75, the words "Police authority or other administrative authority 'are replaced by the words" Public authority'; in the second sentence, the words "police authority or other administrative authority 'are replaced by the words" public authority'.
16. In Paragraph 75, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) At the request of the competent administrative authority, the public authority shall, without undue delay, provide it with the information necessary to examine the infringement notification, to discuss the infringement and to enforce the decision.
(3) Where an offence showing signs of violence in a family or partnership has been committed on a person under 18 years of age, or where a person under 18 years of age has witnessed an offence showing signs of violence in a family or partnership, the competent administrative authority shall inform the child protection body without undue delay and inform it of all the essential facts it has established. ';
17. in Article 76 (1) (c) and Article 86 (1) (e), the words "or is a Senator or Member who has requested the authority responsible for dealing with an offence in disciplinary proceedings under other laws or by a judge of the Constitutional Court who has requested the authority responsible for dealing with an offence in disciplinary proceedings under another law" shall be deleted.
18. in Paragraph 76 (1), the following point (g) is inserted after point (f):
"(g) a different administrative authority has previously initiated proceedings against the same person under this law,"
Points (g) to (k) shall be renumbered as points (h) to (l).
19. In the second sentence of Paragraph 76 (3), the words "directly affected by an offence 'are replaced by the words" the conduct of a suspected infringement'.
20. In Paragraph 76, the words "the order shall be entered in the file only and the person directly affected by the offence shall be informed accordingly 'shall be added at the end of the text of paragraph 4.
21. In Paragraph 76 (5), the final part of the provision reads: "the order shall be notified to the suspect of the offence; the administrative authority shall inform the person concerned of the postponement of the case by the conduct of the suspected offence, if known. If the notification of the person concerned by the conduct of a suspected offence is accompanied by disproportionate difficulties or costs, the administrative authority shall deliver it by a public decree; Paragraph 66 shall not apply. ';
22. In the second sentence of Paragraph 82 (3) and in the second sentence of Paragraph 97 (1), the words "which gave consent to the initiation or continuation of proceedings' shall be replaced by the words" which has rights under Paragraph 71 '.
23. In Paragraph 82, the following paragraph 4 is added:
"(4) An interview of a witness who is less than 15 years old shall be conducted by the administrative authority only where necessary; the administrative authority shall act with particular care in the course of the hearing and at the same time in such a way that there is no need to repeat the hearing. An interview may be attended by a legal representative or guardian of the person questioned, unless their presence is detrimental to the rights of the person questioned. For questioning, the administrative authority shall add the social legal protection of children or any other person with experience in youth education if, taking into account the subject matter of the hearing and the degree of mental development of the person questioned, it would contribute to the proper conduct of the hearing. A witness under the age of 15 may be asked questions only through an authorised official. ';
24. in Paragraph 91 (2) (a), the words "the Police of the Czech Republic" shall be replaced by the words "committed by violation of the obligation laid down in the municipal or regional order."
25. in Article 91 (2) (b), the words "(b) or (c)" shall be inserted after the words "Article 3";
26. in § 92 (2) (i):
"(i) the name, surname and function of the authorised official person, or the service number or the identification number of the authorised official person;"
27. In Paragraph 95, the following paragraph 2 is inserted after paragraph 1:
"(2) The administrative authority shall not impose an obligation to reimburse costs by a lump sum if the infringement has been decided by an on-the-spot order. ';
Paragraph 2 shall become paragraph 3.
28. in Article 96 (1) (c), the words "and the right to compensation or the right to issue unfounded enrichment" shall be replaced by the words "the right to compensation or the right to issue unjustified enrichment and the reimbursement of costs."
29. Paragraph 110 shall be deleted, including the title.
30. Paragraph 111 (1) reads as follows:
"(1) The official person authorised under the internal rules of the administrative authority or authorised by the head of the administrative authority to carry out the acts of the administrative authority in an infringement procedure (hereinafter referred to as the" authorised official person ') must demonstrate competence through an examination by the Ministry of Interior, unless he has a university degree in the Master's study programme, law and legal science, law or law or law law studies at a university in the Czech Republic; The Ministry of the Interior may entrust the state contribution organisation set up by it.';
31. in Paragraph 111, the following paragraph 2 is inserted after paragraph 1:
"(2) The authorised official person shall comply with the requirements laid down in paragraph 1 no later than 18 months from the date on which he began to carry out acts of the administrative authority in infringement proceedings. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
32. In the second sentence of Paragraph 111 (3), the word "order 'is inserted after the word" offence'.
33. In the first sentence of Paragraph 111 (4), the words "the second sentence 'are deleted.
34. In the second sentence of Paragraph 111 (5), "90 'is replaced by" 120'.
35. in Paragraph 112 (9), the words "in the field of law or" shall be replaced by the words "law and legal science, law or law or law law and security studies";
36. In Paragraph 112 (9), the first number "2022 'is replaced by" 2023' and in the second sentence, the words "more than 50 years old if at least 10 years old 'are replaced by the words" which at least 5 years old'.
Transitional provisions
1. New infringement proceedings which were not definitively terminated before the date of entry into force of this Act shall be completed in accordance with Act No. 250 / 2016 Coll., as effective before the date of entry into force of this Act.
2. In open infringement proceedings which have not been definitively terminated before the date of entry into force of this Law, the administrative authority shall not impose an obligation to reimburse costs by a lump sum where the infringement is decided by an on-the-spot order.
3. The period under Section 111 (2) of Act No. 250 / 2016 Coll., as effective from the date of the entry into force of the Act, applies to authorised officials who have started to carry out acts of administrative authority in infringement proceedings after the entry into force of the Act.
4. The last calendar year for which an overview of the infringements under Section 110 of Act No. 250 / 2016 Coll., as effective before the date of entry into force of this Act, is processed shall be the calendar year 2020.
Amendment of the Act on the Czech National Bank
Act No. 5 / 2009 Coll.
1. In Paragraph 45d (1), the words "which include a list of offences under the law governing liability for and proceedings against offences' are deleted.
2. Paragraph 45d (2) is deleted.
Paragraph 3 shall become paragraph 2.
Amendment to the REC
In Article 39 of Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended by Act No. 407 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 362 / 2004 Coll., Act No. 74 / 2006 Coll., Act No. 273 / 2013 Coll., Act No. 183 / 2017 Coll. and Act No. 366 / 2021 Coll., the following paragraph 9 is added:
"(9) Restrictive measures may be imposed for the offence referred to in paragraph 2 (a) or (c). ';
Amendment to the Competition Act
Act No. 143 / 2001 Coll., on the Protection of Competition and amending certain laws (Act on the Protection of Competition), as amended by Act No. 340 / 2004 Coll., Act No. 484 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 71 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 155 / 2009 Coll., Act No. 188 / 2011 Coll., Act No. 360 / 2012 Coll., Act No. 293 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 262 / 2017 Coll., and Act No. 261 / 2021 Coll., is amended as follows:
1. in Article 22b (8), the words "(h) and (k)" shall be replaced by the words "(i) and (l)" and the words "Article 95 (2)" shall be replaced by "Article 95 (3)."
2. In Paragraph 22b, the following paragraph 9 is added:
"(9) If the defendant continues the proceedings for which he is initiated in respect of a continuing, lasting or collective infringement involving a distortion of competition, even after the initiation of the proceedings, such proceedings shall be considered as one act pending the notification of the reservations. ';
Transitional provision
Proceedings which were not final before the date of entry into force of this Act shall be completed in accordance with Act No. 143 / 2001 Coll., as effective before the date of entry into force of this Act.
Amendment to the Act on the modification of certain public aid relations
In Article 8b (4) of Act No. 215 / 2004 Coll., on the modification of certain relations in the field of public aid and on the amendment of the Act on aid for research and development, as amended by Act No. 109 / 2009 Coll. and Act No. 183 / 2017 Coll., the text "§ 95 (2) 'is replaced by the text" § 95 (3)'.
Amendment to the sickness insurance law
In Article 142 (9) of Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 183 / 2017 Coll., the words "directly affected by an offence 'are replaced by the words" affected by a suspected infringement'.
Amendment of the Act on certain measures for the transparency of financial relations in the field of public aid
In Article 8 (4) of Act No. 319 / 2006 Coll., on certain measures to transparency of financial relations in the field of public aid, and amending Act No. 235 / 2004 Coll., on Value Added Tax, as amended, as amended, as amended by Act No. 183 / 2017 Coll., the text "Paragraph 95 (2) 'is replaced by" § 95 (3)'.
Amendment of the Penal Code
In Article 337 (1) of Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 330 / 2011 Coll., Act No. 390 / 2012 Coll., Act No. 494 / 2012 Coll. and Act No. 114 / 2020 Coll., paragraph (d) read:
"(d) has repeatedly or consistently committed acts to thwart the purpose of a restrictive measure imposed in an infringement proceedings consisting of a prohibition on visiting sites where sporting events take place, or to thwart the purpose of a restrictive measure imposed in an infringement proceedings under the law on addictive substances, which consists of a prohibition on visiting designated publicly accessible places,";
Amendment of the law on significant market power in the sale and misuse of agricultural and food products
Act No. 395 / 2009 Coll., on significant market power in the sale and misuse of agricultural and food products, as amended by Act No. 50 / 2016 Coll., Act No. 104 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 254 / 2020 Coll. is amended as follows:
1. in Article 9 (8), the words "(h) and (k) 'are replaced by the words" (i) and (l)' and the words "Article 95 (2) 'are replaced by the words" Article 95 (3)';
2. In Article 9, the following paragraph 9 is added:
"(9) If the defendant continues the proceedings for which he is subject to proceedings for a continued, lasting or collective infringement under this law, even after the proceedings have been initiated, the hearing shall be deemed to be a single act pending the notification of the reservations. ';
Transitional provision
Proceedings which were not final before the date of entry into force of this Act shall be completed in accordance with Act No. 395 / 2009 Coll., as effective before the date of entry into force of this Act.
Amendment to the Public Procurement Act
In Article 270 (11) of Act No. 134 / 2016 Coll., on Public Procurement, as amended by Act No. 183 / 2017 Coll., the text "§ 95 (2) 'is replaced by" § 95 (3)'.
Amendment of the law on certain offences
Act No. 251 / 2016 Coll., on certain offences, as amended by Act No. 178 / 2018 Coll. and Act No. 327 / 2021 Coll., is amended as follows:
1. in Paragraph 5 (1), the word "or" shall be deleted at the end of point (i).
2. In Article 5, at the end of paragraph 1, the dot is replaced by "or 'and the following point (k) is added:
"(k) bring a pyrotechnic article to an organised sport match or at the site of such a match, on the way to such a match or on the way back from such a match, to a pyrotechnic article.";
3. Paragraph 5 (3) and (4) read:
"(3) A fine may be imposed for an offence
(a) up to 5 000 CZK if the offence referred to in paragraph 1 (h) or paragraph 2 (d) is committed,
(b) up to 10 000 CZK if the offence referred to in paragraph 1 (a), (b), (d), (e), (i) or (j) or paragraph 2 (a) or (e) is committed;
(c) up to CZK 20,000 if it is an offence referred to in paragraph 1 (c) or (f) or paragraph 2 (b);
(d) up to 50 000 CZK if the offence referred to in paragraph 1 (g) or paragraph 2 (c) is committed; or
(e) from 10 000 CZK to 50 000 CZK, if it is an offence referred to in paragraph 1 (k).
(4) Where the offence referred to in paragraph 1 or 2, except for offences referred to in paragraph 1 (h) and paragraph 2 (d), is committed repeatedly after the decision on the infringement has become final pursuant to the same paragraph, the fine shall be imposed:
(a) up to 15 000 CZK if the offence referred to in paragraph 1 (a), (b), (d), (e), (i) or (j) or paragraph 2 (a) or (e) is committed;
(b) up to CZK 30,000 if the offence referred to in paragraph 1 (c) or (f) or paragraph 2 (b) is committed;
(c) up to CZK 75,000 if the offence referred to in paragraph 1 (g) or paragraph 2 (c) is committed; or
(d) from 10 000 CZK to 100 000 CZK, if it is an offence referred to in paragraph 1 (k). "
4. in Article 5, the following paragraph 6 is inserted after paragraph 5:
"(6) The offence referred to in paragraph 1 (k) shall be punishable.";
Paragraph 6 shall become paragraph 7.
5. In Article 7 (7), the words "or 2 (b) 'are deleted.
6. In the second sentence of Article 7 (8), the words "by order" shall be replaced by "by order against which no appeal can be made."
REPEAL PROVISIONS
Decree No 214 / 2016 Coll., amending Decree No 231 / 1996 Coll., determining the flat-rate amount of the costs of infringement proceedings, as amended by Decree No 340 / 2003 Coll., is hereby repealed.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 417 / 2021 Coll., amending Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2021 |
|---|---|
| Effective from | 01.02.2022 |
| Effective until | - |
| Status | Valid |
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